| Q: What is the difference between ?DWI' and ?DUI'? | | | | vehicle was not moving? |
| ----- | | | | ----- |
| A: ?DWI' stands for "driving while impaired" while ?DUI' | | | | A: It depends on the state you are in. In some states, |
| represents "driving under the influence." There is also a | | | | the law says that a person is guilty of drunk driving |
| third, common term "OWI" or "operating while impaired." | | | | only when actually operating the vehicle. In other |
| All three terms represent operating a motor vehicle | | | | states, having the key in the ignition will satisfy that the |
| after consuming enough alcohol to register a specific | | | | intent if there was the ability to operate the vehicle. |
| blood-alcohol level. Most states set the level at .1, | | | | ----- |
| although some states have or are considering lowering | | | | Q: What is the "open container" law? |
| the level to .08. | | | | ----- |
| ----- | | | | A: Open container laws prohibit the possession of any |
| Q: Do I have to take a breath test or can I insist on | | | | open alcoholic beverage container and the |
| another test? | | | | consumption of any alcoholic beverage in the |
| ----- | | | | passenger area of a motor vehicle. |
| A: All of the portable devices used by police have to | | | | ----- |
| be approved by the National Highway Traffic Safety | | | | Q: What are the penalties for a DUI conviction? |
| Administration and should be problem-free if maintained | | | | ----- |
| and used correctly. | | | | A: The penalties for a DUI conviction will vary from |
| Whether you have the option to choose the test you | | | | state to state and depend, in a large part, on whether |
| take depends on the state you are in when stopped. | | | | this is a first, second, third or subsequent conviction. |
| Refusing to take a blood-alcohol test can have serious | | | | All states impose penalties that include some or all of |
| consequences, including suspension of your license and | | | | the following: |
| being prosecuted for drunk driving. | | | | Fines, increasing with subsequent offenses |
| ----- | | | | Screening for substance abuse |
| Q: Do I have to submit to a field sobriety test? | | | | Community service |
| ----- | | | | Suspension of driver's license, increasing with each |
| A: Field sobriety tests are used by an officer to help | | | | offense |
| determine if, in his or her opinion, you are under the | | | | Point charges against the defendant's license up |
| influence of alcohol and should be arrested for drunk | | | | through revocation of the license for a predetermined |
| driving. The officer may place you through a series of | | | | period of time |
| balance (walking an imaginary line or leaning back with | | | | Felony conviction with jail or prison time for a third or |
| eyes closed), coordination (counting on the fingers or | | | | subsequent conviction |
| touching a finger to your nose while your eyes are | | | | ----- |
| closed), or mental (reciting the alphabet or counting | | | | Q: If my driver's license is suspended, how can I get it |
| backwards) tests. The tests are often viewed as | | | | back? |
| additional evidence which the suspect inevitably "fails". | | | | ----- |
| Whether you must comply will depend on the state | | | | A: "Occupational licenses" are available under many |
| you are in when stopped and requested to take the | | | | different circumstances. The judge must find that an |
| test. | | | | "essential need" exists, such as school or job |
| ----- | | | | commuting. The license is restricted as to routes, areas |
| Q: Can I be stopped and arrested for DWI even if the | | | | and times. |